Hey Shoppers, Good News - Malaysian Shopping Protection Is Here!

almost 2 years ago

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(*By the way it actually has been here for nearly 60 years! Did you know? Just in case, here's your chance to get to know it a little better)

Let's go shopping

You
know how it is when you walk into a mall - A pair of new shoes
screams your name, a new phone attempts to jump into your life, or
maybe even a new video game starts begging - Buy me, spend the
weekend with me!

Regardless
of whether it’s the can of Coke/Sprite/(insert preferred..) you’re
sipping on or the brand new iPhone/Samsung/(insert preferred..) that
you treated yourself to, the moment you bought these items the Sale
of Goods Act 1957 (SOGA) covers
them..

But,
before we get taken incorrectly..

Is
your shopping choice covered under SOGA?

New
phone? - YES

New
car? - YES

New
house? - NO

Why?
Because of the “definition”

(Note:
In the legal world definitions are numero uno!)

Definition
of goods under SOGA:

Section
2 SOGA: ‘goods’ means every kind of movable property and includes
stock and shares, growing crops, grass, and other things attached to
or forming part of the land which are agreed to be severed before
sale or under the contract of sale.

Your
new handphone and car are movable properties since you can literally
shift them around.

However,
try as you might, your house is not a movable. So, it’s not covered
under SOGA.

What
you’re protected when it comes to a house. That’s a piece for
another day.

As
for the moveable things that you own so much of -

How
does SOGA protect you?

That’s
where Sections 14 to 17 comes in to protect you as a buyer:

Section
14(b): No one can interfere with the goods you buy

Section
14(c): No one can have legal claim on the goods you buy

Section
15: The goods you buy must fit the description

Section
16: The goods you buy must be fit for its intended purpose and the
quality must be reasonable

Section
17(2): If you’re buying goods through samples, the majority of
the goods must have the same quality as the samples

Essentially
in a nutshell - what you bought should work

Phones
should work as phones, not paperweights

Coke/Sprite/(insert
as preferred..) should be sweet and aerated, and not like...milk?

And
the car that you bought? Yes, it should function like a car. Not a
broken down lemon.

SOGA
1957 (Summarised)

This
act contains provisions that regulates all sale of goods contract in
Peninsular Malaysia, regardless whether they are made orally or in
writing.

It
tells you:

what
goods are covered under the act

how
the contract for sale of goods is formed

the
terms of the contract

when
property or ownership in the goods passes to the buyer

the
rights and remedies available to both the buyer and seller.

Pic
credits: presscdn.com

This article is for informational purposes only and should not be taken as legal advice. Every situation is unique and dependent on the facts (ie, the circumstances surrounding your individual case) so we recommend that you consult a lawyer before considering any further action. All articles have been scrutinized by a practicing lawyer to ensure accuracy.